Comparison of Family Courts in India, U.S.A. and Australia

25 Pages Posted: 25 Mar 2008

See all articles by Utsav Mukherjee

Utsav Mukherjee

National Law University Jodhpur (NLUJ)

Abstract

This paper is a comparative analysis of the legal system in three different countries with varying regimes with respect to the family courts system followed. Family courts are mainly constituted as a separate court, or more likely a separate division of the regular trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases. Like other specialized courts, their formulation was done with the object of efficient, fast and cheap justice delivery.

However, as it will be portrayed in the paper, the three countries have developed systems quite different from each other and yet the problems that plague them are not very different. Delays, Lack-of Coordination are the beginning blocks of the list. Thus, the paper also proposes the foundation of a unified Family Court which can effectively root out the difficulties without compromising on the quantity or quality of decisions given.

Suggested Citation

Mukherjee, Utsav, Comparison of Family Courts in India, U.S.A. and Australia. Available at SSRN: https://ssrn.com/abstract=1112363 or http://dx.doi.org/10.2139/ssrn.1112363

Utsav Mukherjee (Contact Author)

National Law University Jodhpur (NLUJ) ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

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